Businesses are constantly challenged by the ever-evolving landscape of labor and employment law, with new legislation and judicial developments occurring almost daily fueling a seemingly never-ending stream of litigation. For companies operating in multiple states, complying with this patchwork of federal, state, and local laws and developments can be daunting. Knowing these issues are a top concern for management and in-house counsel, Morrison Foerster keeps pace with this rapidly evolving landscape. MoFo ELC equips our clients with the most up-to-date and relevant information on employment and labor law issues covering key judicial, litigation and legislative developments, their implications for employers, and strategies to ensure compliance and avoid lawsuits.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Co-Chair, Global Employment and Labor Practice

Partner

Andrew Turnbull represents companies on a broad range of labor and employment litigation and counseling matters. He has successfully defended clients in complex employment litigation before federal and state courts and administrative agencies. A primary focus of his practice involves helping companies navigate the unique employment issues that arise when doing business with the federal government, including advising on all aspects of OFCCP compliance, creating and implementing affirmative action plans, defending OFCCP audits and onsite investigations, conducting mock pay equity audits, drafting and developing business ethics policies and programs, and complying with the Service Contract Act, E-Verify, and the Drug Free Workplace Act.

Andrew Turnbull

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MoFo ELC equips our clients with the most up-to-date and relevant information on employment and labor law issues, covering key judicial, litigation, and legislative developments, their implications for employers, and strategies to ensure compliance and avoid lawsuits. To learn more about our capabilities, please visit the <a href="https://www.mofo.com/capabilities/employment-labor" target="_blank">Employment + Labor</a> practice page and read about our <a href="https://www.mofo.com/people?practices=Employment%20%2B%20Labor" target="_blank">Team</a>.

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Fourth Circuit Stays Injunction of Trump DEI Executive Orders

President Trump Rescinds Affirmative Action for Federal Contractors and Requires Enforcement Plan to End Unlawful DEI at Private Companies

FAR Council Withdraws “Pay Equity and Transparency” Proposed Rule

The “Preventative Duty”: New Law Places Active Duty on Employers in the UK to Prevent Sexual Harassment in the Workplace

Good News for Employers: Texas Court Blocks FTC’s Non-Compete Ban

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On January 8, 2025, the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulation (FAR) Council <a href="https://www.federalregister.gov/documents/2025/01/08/2025-00118/office-of-federal-procurement-policy-federal-acquisition-regulation-pay-equity-and-transparency-in" target="_blank">withdrew</a> a <a href="https://www.federalregister.gov/documents/2024/01/30/2024-01343/office-of-federal-procurement-policy-federal-acquisition-regulation-pay-equity-and-transparency-in" target="_blank">proposed rule</a> that would have banned federal contractors and subcontractors from seeking or considering compensation history when making employment decisions and required contractors to disclose compensation being offered in job postings. As we <a href="https://www.mofo.com/resources/insights/240131-proposed-rule-seeks-to-mandate-pay-transparency" target="_self">previously reported</a>, the proposed rule would have applied broadly to all solicitations, with mandatory flow-downs to all federal subcontracts performed in the United States, at every tier, including contracts and subcontracts for commercial and commercially available off-the-shelf products and services, of any value. Beyond banning use of salary history information and requiring contractors to include salary, wage, and benefit information in all job postings for positions working on or in connection with a covered contract, the proposed rule would have required covered contractors to provide all applicants applying for roles on covered contracts with a cumbersome mandatory notice of the requirements.  In its notice of withdrawal, the FAR Council said it was withdrawing the proposed rule “[i]n light of the limited time remaining in the current Administration.” The FAR Council and OFPP decided it was better for them to “focus their attention on other priorities, including directives in recent National Defense Authorization Acts” before the new administration is sworn in. It seems safe to bet that the “Pay Equity and Transparency” rule will not reappear, at least not during the next four years. Although federal efforts for pay transparency and salary history may have stalled for now, over 15 jurisdictions already have laws in place prohibiting using salary history to make employment decisions or requiring employers to provide pay information in their job postings. These jurisdictions include California, Connecticut, New York, New York City, Maryland, Washington State, and Washington, D.C. More states will have pay transparency laws going into effect this year, including Illinois (January 1, 2025), Minnesota (January 1, 2025), New Jersey (June 1, 2025), Vermont (July 1, 2025), and Massachusetts (October 29, 2025). This growing patchwork of pay transparency laws is becoming increasingly cumbersome for contractors to navigate and create coordinated strategies for compliance. So, contractors should consider reviewing their pay equity and transparency practices in light of these laws.

Andrew co-chairs the firm’s Global Employment and Labor Group. He represents companies on a broad range of labor and employment litigation and counseling matters, successfully defending clients in number complex matters before federal and state courts and administrative agencies.

Of Counsel

Jim Tucker is of counsel in Morrison & Foerster’s Government Contracts and Public Procurement Practice Group and is based in the firm’s Washington, D.C. office.
Jim’s practice runs the gamut of litiga

James A. Tucker

Jim maintains an active practice in bid protests before the Government Accountability Office and contracting agencies and counsels clients in contract disputes and compliance obligations.

James Tucker

Damien is a partner in the firm’s Government Contracts & Public Procurement practice. He represents clients in all facets of government contracts transactions, as well as regulatory counseling, subcon

Damien Specht

Damien C. Specht

FAR Council Withdraws “Pay Equity and Transparency” Proposed Rule

What You Need to Know About Restructuring and the Energy Crisis

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Maryland is seeking to become the latest jurisdiction to require companies to disclose pay in job postings. On March 29, 2024, the Maryland Senate approved House Bill 649, Labor and Employment – Equal Pay for Equal Work – Wage Range Transparency (“HB 649”). If signed by the Maryland governor, HB 649 would amend Maryland’s current pay transparency laws requiring employers, among other things, to provide applicants pay information upon request.Read the full <a href="https://www.mofo.com/resources/insights/240411-maryland-poised-to-continue-trend" target="_blank">client alert</a>.

Associate

Keniece Gray is an associate in the Litigation Department of Morrison Foerster’s Washington, D.C. office.

Keniece Y. Gray

Keniece Gray

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New Guidance on COVID-19 Protocols for Contractor Employees at Federal Facilities

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Maryland is seeking to become the latest jurisdiction to require companies to disclose pay in job postings.

Maryland Poised to Continue Trend of Jurisdictions Mandating Pay Transparency in Job Postings

On January 29, 2024, the Biden administration issued a <a href="https://www.federalregister.gov/documents/2024/01/30/2024-01343/office-of-federal-procurement-policy-federal-acquisition-regulation-pay-equity-and-transparency-in">Proposed Rule</a> that would prohibit federal contractors from seeking and considering compensation history when making employment decisions and require contractors to disclose compensation being offered in job postings. If implemented, the requirements will apply broadly to all federal contracts and subcontracts that are principally performed in the United States and cover all jobs that work on or in connection with a covered contract. Covered applicants and employees can submit complaints of alleged violations to the applicable contracting agency to “take action as appropriate,” and those agencies must forward to the Office of Federal Contract Compliance Programs (OFCCP) any such complaints that also allege discrimination.Released in recognition of the 15th anniversary of the Lilly Ledbetter Fair Pay Act, the Proposed Rule further implements the policies that the Biden administration announced in its March 15, 2022, Executive Order 14069 to advance pay equity and transparency in federal contracting. It also follows the trend of states passing pay equity and transparency laws requiring businesses to post pay information in job postings and prohibiting use of salary history information. Contractors should consider reviewing their pay equity and transparency practices now in light of the Proposed Rule so they can be prepared to comply should the rule become final.  Read the full <a href="https://www.mofo.com/resources/insights/240131-proposed-rule-seeks-to-mandate-pay-transparency" target="_blank">client alert</a>.

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On January 29, 2024, the Biden administration issued a Proposed Rule that would prohibit federal contractors from seeking and considering compensation history when making employment decisions and require contractors to disclose compensation being offered in job postings.

Proposed Rule Seeks to Mandate Pay Transparency and Ban Using Salary History for Federal Contractors

The last few months have seen some important and significant developments in UK employment law. Amongst other things, we have seen new guidance published on <a href="https://www.mofo.com/resources/insights/230620-key-updates-for-uk-employers#_ftn1" target="_blank">ethnicity pay gap reporting</a>, <a href="https://www.mofo.com/resources/insights/230620-key-updates-for-uk-employers#_ftn2" target="_blank">positive action</a>, and <a href="https://www.mofo.com/resources/insights/230620-key-updates-for-uk-employers#_ftn3" target="_blank">employee rights to access personal information</a>. <a href="https://www.mofo.com/resources/insights/230620-key-updates-for-uk-employers#_ftn4" target="_blank">Additional protections for parents and carers</a> have been confirmed and the UK Government has announced <a href="https://www.mofo.com/resources/insights/230620-key-updates-for-uk-employers#_ftn5" target="_blank">proposals</a> to reform rules on working time, holiday pay, and non-compete clauses. Set out in this alert is a brief round-up of the key developments from the last couple of months that will be of particular interest to international employers of UK-based employees.Read the <a href="https://www.mofo.com/resources/insights/230620-key-updates-for-uk-employers" target="_blank">full client alert</a>.

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Managing Partner, London

Annabel is a partner at Morrison Foerster and co-Managing Partner of the London office.

Annabel Gillham

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Oliver Spratt is Of Counsel based in the London office of Morrison Foerster. 

Oliver Spratt

Lara King

The last few months have seen some important and significant developments in UK employment law. Amongst other things, we have seen new guidance published on ethnicity pay gap reporting, positive action, and employee rights to access personal information.

Key Updates for UK Employers: What Needs to be on Your Radar for the Second Half of 2023

With California’s new pay transparency and pay reporting obligations under S.B. 1162 now in effect, employers are seeking answers on various open questions for complying with the new law. As we previously reported, S.B. 1162 requires employers with 15 or more employees to include pay scale information in each job posting for positions in California, as well as disclose information to current California employees upon request. Failure to comply with these requirements can result in significant civil penalties (ranging from $100 to $10,000 per violation) and possible government investigations or private lawsuits.  Read our <a href="https://www.mofo.com/resources/insights/230117-new-guidance-on-californias-pay-transparency-law" target="_self">client alert</a>.

New Guidance on California's Pay Transparency Law

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New Guidance on California's Pay Transparency Law

Practical Considerations for Navigating the Upcoming Federal Ban on Predispute Arbitration and Class Action Waivers of Sexual Harassment and Assault Claims

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With California’s new pay transparency and pay reporting obligations under S.B. 1162 now in effect, employers are seeking answers on various open questions for complying with the new law.

On September 27, 2022, California’s Governor signed S.B. 1162, making significant changes to California’s existing pay transparency and reporting laws and joining the growing trend of jurisdictions requiring companies to disclose their pay ranges in job postings. Starting in 2023, S.B. 1162 adds several substantial and notable changes to California’s current pay transparency and reporting laws, including:<ul><li>Requiring employers with 15 plus employees to disclose pay scales in each job posting for positions in California and disclose pay scale information to current California employees upon their request;</li><li>Adding to California’s existing pay data reporting obligations to require employers with 100 plus employees to include the median and mean hourly rates for their employees by job category and race, ethnicity, and gender in their annual reports to the California Civil Rights Department (CRD) (formerly known as the California Department of Fair Employment and Housing);</li><li>Requiring employers with 100 plus workers provided by “labor contractors,” such as staffing agencies, to submit a separate annual pay data report to the CRD relating to those contractors;</li><li>Changing the deadline for submitting the annual pay data report from March each year to the second Wednesday in May each year;</li><li>Implementing new obligations to retain records of job titles and wage rate history for each employee during employment and three years after employment ends; and</li><li>Enhancing penalties and remedies companies can face for non-compliance, including civil penalties ranging from $100 to $10,000 per violation for failing to comply with the pay scale disclosure requirements, and adding a new private right of action for violations of the pay disclosure and retention requirements.</li></ul>Read our <a href="https://www.mofo.com/resources/insights/221003-california-adds-to-the-trend-of-states?utm_source=publication&utm_medium=email">client alert</a>.

California Adds to the Trend of States Requiring Greater Pay Transparency

On September 27, 2022, California’s Governor signed S.B. 1162, making significant changes to California’s existing pay transparency and reporting laws and joining the growing trend of jurisdictions requiring companies to disclose their pay ranges in job postings. 

California Adds to the Trend of States Requiring Greater Pay Transparency

With a record breaking 4.5 million Americans quitting their jobs in March 2022, the Great Resignation has created a tension between meeting the increased business demand for talent, and compliance with the growing patchwork of pay equity and transparency laws. Numerous states and localities have passed, or are considering passing, laws requiring companies to disclose their pay ranges to applicants and employees and submit data to government agencies on their pay equity practices. This trend follows after many states amended their laws in the last few years to make it easier to pursue class and individual pay discrimination claims. Governmental enforcement agencies, such as OFCCP and EEOC, are also continuing to make pay discrimination a key enforcement priority. In the war for talent, some employers are being forced to let their pay equity compliance take a back seat to the increasing need to attract and retain employees. Join us as we explore these compliance challenges and discuss practical solutions for navigating them in the current competitive labor market. Topics to be discussed include:<ul><li>The impacts of the Great Resignation on pay equity practices;</li><li>The trend of pay equity, transparency, and reporting laws, including laws in California, Colorado, Illinois, New York City, Massachusetts, Washington, and more;</li><li>Trends in enforcement of pay discrimination claims at EEOC, OFCCP, and state agencies; and</li><li>Practical steps for navigating compliance and employee relations issues arising from these trends during a hot job market.</li></ul><div><a target="_blank" href="https://www.veracast.com/webcasts/mofo/mcle-programs/b17D2K.cfm">On-Demand Replay</a></div>

Eric has experience defending class action, labor and employment, and intellectual property matters, including developing procedural strategies for clients preparing for trial, as well as examining in

Eric Gebert

Navigating Pay Equity and Transparency Compliance During the Great Resignation

With a record breaking 4.5 million Americans quitting their jobs in March 2022, the Great Resignation has created a tension between meeting the increased busine

Navigating Pay Equity and Transparency Compliance During the Great Resignation

Although strides have been made over the past few decades to achieve pay equity for women and other protected classes of individuals, the facts (and the sentiment expressed in the above quote) make clear that there is still a ways to go.Indeed, new numbers from the U.S. Bureau of Labor Statistics reveal that women’s weekly earnings in California average approximately 15% below those of similarly situated male workers. The gap equates to an approximate loss of $7,000 per woman annually— the largest it has been since 2002. In fact, the gender pay gap grew in 31 states and in Washington, D.C. Nationally, women’s wages dropped to 81.1% of men’s wages in 2015—down from 82.5% in 2014.Read our <a target="_blank" href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blt6002a49e7c04373d/62730fa0a1a1dd2aa9f6c798/170307-elc.pdf">newsletter</a>.

The Movement For Equal Pay In The Workplace: Progressive State Laws Carry The Torch

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The Movement For Equal Pay In The Workplace: Progressive State Laws Carry The Torch

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Although strides have been made over the past few decades to achieve pay equity for women and other protected classes of individuals, the facts (and the sentime